In California, some discovery devices such as Interrogatories and Requests for Admissions can only be served on parties to a lawsuit, e.g. plaintiff and defendant. However, the deposition is one of the more flexible tools of discovery to the extent that a deposition can be taken of a party or a non-party.

Party Depositions

A party may be a natural person, a business entity, a non-profit organization or a governmental agency. Any and all of these may be deposed (have a deposition taken). With a party which is not a natural person, the party must produce employees, officers, directors or other witnesses that are affiliated with the party. If the party serving the deposition notice is not sure of the person with the requisite knowledge, the notice can specify that the “person most knowledgeable” should appear to testify.

Non-party Depositions

A non-party witness may also be deposed. The non-party may be a witness to the events related to the litigation or even a person with knowledge as to business records. With a non-party, the deposition notice must be served with a subpoena and cannot be simply mailed as with the notice sent to a party.

Documents

Both party and non-party deponents can be compelled to bring documents to the deposition. The documents requested must be described with reasonable particularity in the Notice of Deposition served.

A deposition is essentially an oral interview of a witness or party by the opposing attorney under oath and recorded by a court reporter.

Why do a deposition?

A deposition can be taken of any witness, party or non-party

A deposition is the only discovery device by which an attorney can obtain spontaneous testimony

A deposition can force a party or witness to commit himself or herself to a particular version of the facts

A deposition can be used to preserve testimony for trial

A deposition can be used to ask about the contents of documents, not merely their location and identity

If depositions are so useful, why aren’t they used more?

They are very expensive (the party taking the deposition must pay for their own attorney and the court reporter’s time)

The length of the deposition cannot be controlled very easily, so they can go on past an affordable length quite easily

As with all discovery, the paralegal has a large role in preparation for the deposition. The paralegal may prepare the notice, arrange the time, arrange for the court reporter and videographer (when needed), contact the witness, prepare the client if needed, gather documents to be reviewed or used for the deposition and other related tasks.

1. The Judicial Council has not developed a form for cross-complaints. False

2. Complaints that are drafted on pleading paper must use the recycled paper. True

3. If the plaintiff or defendant in a complaint is a corporation, their status as such does not need to be stated as the other party can discover that with a process called “discovery” during the lawsuit. False

4. If Walter and Robert are partners in a general partnership, and ABC Company owes them money, either of them can file a complaint to collect the money in their individual name since each general partner has authority and it is not necessary to file in the name of the partnership. False

5. If a plaintiff is ignorant of the true name of a possible defendant, that plaintiff may include fictitious names as defendants in the complaint, and they are known as DOE defendants.

6. In a tort case , a plaintiff may seek PUNITIVE damages for “oppression, fraud or malice” by the defendant.

7. Since a Judicial Council has been approved by the legislature, it will withstand an attack by the defendant even if one or more blanks are inadvertently not filled in or checked. False

1. The Judicial Council has not developed a form for cross-complaints. True/False

2. Complaints that are drafted on pleading paper must use the recycled paper. True/False

3. If the plaintiff or defendant in a complaint is a corporation, their status as such does not need to be stated as the other party can discover that with a process called “discovery” during the lawsuit. True/False

4. If Walter and Robert are partners in a general partnership, and ABC Company owes them money, either of them can file a complaint to collect the money in their individual name since each general partner has authority and it is not necessary to file in the name of the partnership. True/False

5. If a plaintiff is ignorant of the true name of a possible defendant, that plaintiff may include fictitious names as defendants in the complaint, and they are known as _________ defendants.

6. In a tort case , a plaintiff may seek _______ damages for “oppression, fraud or malice” by the defendant.

7. Since a Judicial Council has been approved by the legislature, it will withstand an attack by the defendant even if one or more blanks are inadvertently not filled in or checked. True/False